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Marijuana OWI Consequences

By Andrew Mishlove on March 14, 2020


A man in handcuffs Even as states legalize marijuana use, driving under the influence remains a crime across the country. Marijuana DUI carries serious penalties including heavy fines, jail time, and driver's license suspension.

Marijuana OWI consequences in the state of Wisconsin are particularly strict, which is why it's important to have knowledgeable OWI attorneys on your side when facing charges for driving under the influence. At Mishlove and Stuckert, our attorneys have successfully challenged laboratory testing in marijuana DUI-OWI cases and can help defend you against your charges.

Wisconsin Has Strict OWI Laws

The state of Wisconsin has very strict laws when it comes to driving under the influence of drugs. A person doesn't have to appear physically impaired to be convicted of an OWI.

Any trace amount of delta-9 THC, the chemical in marijuana that causes its psychological effects, found in the bloodstream is enough to charge someone with a DUI.

Further, state law prohibits driving under the influence of drugs when the driver is incapable of driving safely or whether or not the person appears physically impaired.

The Consequences of Marijuana OWI

If you're accused of a marijuana OWI in Wisconsin, you may face serious consequences. Consequences increase with each conviction. Penalties are greater still if a passenger under the age of 16 is in the vehicle or the offense happened in a construction area.

In general, offenses are as follows:

  • First offense: A fine of $150 to $300 (plus a $435 surcharge) and a six to nine-month license suspension
  • Second offense: A fine of $350 to $1,100 (plus a $435 surcharge), along with five days to six months of jail time, and license suspension of one year to 18 months
  • Third offense: A fine of $600 to $2,000 (plus a $435 surcharge), along with 14 days to one year of jail time, and license suspension of two to three years
  • Fourth offense: A fine of $600 to $10,000 (plus a $435 surcharge), along with 29 days to six years of jail time, and license suspension of two to three years
  • Fourth offense within five years: In addition to fines, jail time, and license suspension, having a fourth offense within five years of the previous offense is considered a Class H felony, and comes with a minimum $600 fine and six months of jail time.
  • Fifth and sixth offense: Fifth and sixth offenses are Class G felonies. Fines can range from $600 to $25,000 (plus a $435 surcharge), and jail time can be six months to 10 years.
  • Seventh, eighth, and ninth offense: Seventh through ninth offenses are Class F felonies. Class F felonies for OWI carry fines up to $25,000 (plus a $435 surcharge) and jail time of three to 12.5 years.

What to Do if Faced with OWI-DUI Charges

In Wisconsin, people can be convicted of driving under the influence of drugs even if they don't show signs of impairment and there only needs to be a trace amount of marijuana in the bloodstream.

Let's think about this. That means if you had used marijuana days before being tested by the police and trace amounts were found in your blood or urine, that could be enough to convict you of an OWI.

If you are facing an OWI charge, it's important to contact a knowledgeable DUI-OWI attorney to defend your rights and get your charges reduced or dropped.

Contact the Attorneys of Mishlove and Stuckert

The attorneys of Mishlove and Stuckert understand the challenges of DUI-OWI cases and have successfully gotten charges reduced and even dropped. Don't face your DUI charges alone. Call (414) 332-3499 to schedule a consultation with the attorneys of Mishlove and Stuckert.

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